# EUR-Lex - 52013PC0190 - EN

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# 52013PC0190

**Proposal for a COUNCIL DECISION on the signature, on behalf of the European Union, and the provisional application of the Protocol agreed between the European Union and the Republic of Côte d'Ivoire setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force /* COM/2013/0190 final - 2013/0100 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On the basis
of powers conferred on it by the Council[1],
the European Commission has conducted negotiations with the Republic of Côte
d’Ivoire with a view to renewing the Protocol to the Fisheries Partnership
Agreement between the European Community and the Republic of Côte d’Ivoire. At
the end of those negotiations, a new draft Protocol was initialled by the
negotiators on 9 January 2013. The new Protocol covers a period of five years
from 1 July 2013, the date of provisional application laid down in Article
13.

The main aim
of the Protocol to the Agreement is to provide fishing opportunities for EU
vessels in the waters of the Republic of Côte d’Ivoire within the limits of the
available surplus. The Commission's negotiating position was based in part on
the results of an ex-post evaluation carried out by external experts.

The general
aim is to enhance the cooperation between the European Union and the Republic
of Côte d’Ivoire, thereby creating a partnership framework within which to
develop a sustainable fisheries policy and sound exploitation of fishery
resources in the Ivorian fishing zone, in the interests of both Parties.

More particularly, the Protocol provides
for fishing opportunities in the following categories:

–
28 freezer tuna seiners:

–
10 surface longliners

The Commission proposes, on this basis,
that the Council authorise the signing and the provisional application of the
new Protocol.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The interested parties were consulted
during the evaluation of the Protocol for the period 2007-13. Experts from the
Member States were also consulted in technical meetings. These consultations
concluded that it would be beneficial to maintain a fishing protocol with the
Republic of Côte d’Ivoire.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

This procedure
is being initiated in parallel with the procedures relating to the Council
Decision adopting the provisional application of the Protocol itself, as well
as with the Council Regulation concerning the allocation of the fishing
opportunities between the Member States of the EU.

4.           BUDGETARY IMPLICATIONS

The annual
financial contribution of EUR 680 000 is based on: (a) a reference tonnage of 6
500 tonnes, for an amount of EUR 422 500 linked to access and (b) support for
the development of the sectoral fisheries policy of the Republic of Côte
d’Ivoire amounting to EUR 257 500. This support meets the objectives of the
national fisheries policy and in particular the needs of the Republic of Côte
d’Ivoire in the fight against illegal fishing.

2013/0100 (NLE)

Proposal for a

COUNCIL DECISION

on the signature, on behalf of the
European Union, and the provisional application of the Protocol agreed between
the European Union and the Republic of Côte d'Ivoire setting out fishing
opportunities and the financial contribution provided for in the Fisheries
Partnership Agreement between the two parties currently in force

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 43 in conjunction
with Article 218(5) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 12 February 2008
the Council adopted Decision 2008/151/EC concerning the conclusion of the
Agreement in the form of an Exchange of Letters on the provisional application
of the Protocol setting out the fishing opportunities and financial
contribution provided for in the Fisheries Partnership Agreement between the
European Community and the Republic of Côte d’Ivoire on fishing in Ivorian
fishing zones for the period from 1 July 2007 to 30 June 2013[2].

(2)       The European Community and
the Government of the Republic of Côte d’Ivoire notified each other on 18 April
2008 of the completion of the procedures necessary for the entry into force of
the Partnership Agreement between the European Union and the Republic of Côte
d’Ivoire[3].

(3)       The Protocol to that
Partnership Agreement which is currently in force expires on 30 June 2013.

(4)       The Council authorised the
Commission to negotiate a new Protocol granting vessels of the European Union
fishing opportunities in waters in which the Republic of Côte d'Ivoire
exercises its jurisdiction as regards fishing. At
the end of those negotiations, a new Protocol was initialled on 9 January 2013.

(5)       To ensure EU vessels can
continue their fishing activities, Article 13 of the new Protocol provides
for it its application by the parties on a provisional basis as from 1 July 2013.

(6)       The new Protocol should be
signed and applied on a provisional basis, pending the completion of the
procedures for its conclusion,

HAS ADOPTED THIS DECISION:

Article 1

The signature of the Protocol agreed
between the European Union and the Republic of Côte d'Ivoire setting out
fishing opportunities and the financial contribution provided for in the
Fisheries Partnership Agreement in force between the two parties is hereby
authorised on behalf of the European Union, subject to its conclusion.

The text of the Protocol is attached to
this Decision.

Article 2

The General Secretariat of the Council
shall establish the instruments of full powers to sign the Agreement, subject
to its conclusion, for the person(s) indicated by the negotiator of the
Agreement.

Article 3

The Protocol shall be applied
provisionally, in accordance with Article 13 thereof, from 1 January 2013,
pending the completion of the procedures for its conclusion.

Article 4

This Decision shall enter into force on the
day of its adoption It shall be published in the Official Journal of the
European Union.

Done at Brussels,

For
the Council

The
President

ANNEX

PROTOCOL

setting out the fishing
opportunities and financial contribution provided for in the Agreement between
the European Union and the Republic of Côte d'Ivoire (2013-18)

Article 1

Period of application and fishing
opportunities

1. From 1 July
2013, and for a period of five (5) years, the fishing opportunities granted
under Article 5 of the Agreement shall be as follows:

Highly migratory
species (species listed in Annex 1 to the 1982 United Nations Convention)

— freezer tuna
seiners: 28 vessels.

— surface
longliners: 10 vessels.

2. Paragraph 1
shall apply subject to Articles 5 and 6 of this Protocol.

3. Vessels
flying the flag of a Member State of the European Union (hereinafter 'EU
vessels') may engage in fishing activities in the Ivorian fishing zone only if
they are in possession of a valid fishing licence issued by Côte d'Ivoire under
this Protocol.

Article 2

Financial contribution — methods of
payment

1. For the
period referred to in Article 1, the financial contribution referred to in
Article 7 of the Fisheries Partnership Agreement shall be EUR 680 000.

2. The
financial contribution comprises:

(a) an annual
amount of EUR 422 500 for access to the Ivorian fishing zone equivalent to a
reference tonnage of de 6 500 tonnes per year; and

(b) a specific
amount of EUR 257 500 per year for the support and implementation of the
Ivorian sectoral fisheries policy.

3. Paragraph 1
shall apply subject to Articles 3, 5, 6 and 9 of this Protocol and Articles 12
and 13 of the Fisheries Partnership Agreement.

4. If the
overall quantity of catches by EU vessels in the Ivorian fishing zone exceeds
the reference tonnage, the amount of the annual financial contribution shall be
increased by EUR 65 for each additional tonne caught. However, the total annual
amount paid by the Union shall not be more than twice the amount indicated in
paragraph 2(a) (EUR 422 500). If the quantities caught by EU vessels exceed the
quantities corresponding to twice the total annual amount, the amount due for
the quantity exceeding that limit shall be paid the following year.

5. Payment of
the financial contribution laid down in paragraph 1 shall be made no later than
90 days after the date of provisional application of the Protocol in the first
year and no later than the renewal date of the Protocol in the following years.

6. The Ivorian
authorities shall have full discretion regarding the use to which the financial
contribution referred to in paragraph 2(a) is put.

7. The
financial contribution shall be paid into a single Ivorian Public Treasury
account, the references of which shall be notified each year by the Ivorian
authorities.

Article 3

Promotion of responsible fishing in
Ivorian waters

1. The European
Union and Côte d’Ivoire, shall agree, within the Joint Committee provided for
in Article 9 of the Agreement, by 1 October 2013 at the latest, on a
multiannual sectoral programme and detailed implementing rules, in particular:

a) annual and
multiannual guidelines for using the financial contribution referred to in
Article 2(b);

b) objectives,
both annual and multiannual, to be achieved with a view to promoting long-term
responsible and sustainable fishing, taking account of the priorities expressed
by the Republic of Côte d’Ivoire in its national fisheries policy, notably
with regard to the monitoring, control and combating of illegal, unreported and
unregulated (IUU) fishing.

c) criteria and
procedures for evaluating the results obtained each year.

3. Any proposed
amendments to the multiannual sectoral programme or to the use of the specific
amounts for the initiatives to be carried out each year must be approved by
both Parties within the Joint Committee.

4. Each year,
the two Parties shall carry out, within the Joint Committee, an evaluation of
the progress made in implementing the multiannual sectoral Programme. If
necessary, the two Parties shall continue this monitoring after this Protocol
expires, until the specific financial contribution provided for in Article
2(2)(b) has been used up.

Article 4

Scientific and technical
cooperation to ensure responsible fishing

1. The Parties
hereby undertake to promote responsible fishing in Ivorian waters on the basis
of the principles of non-discrimination between the different fleets fishing in
those waters.

2. During the
period covered by this Protocol, the European Union and the Ivorian authorities
shall cooperate to monitor the evolution of resources in the Ivorian fishing zone.

3. The Parties
undertake to promote cooperation at subregional level on responsible fishing
and, in particular, within the International Commission for the Conservation of
Atlantic Tunas (ICCAT) and any other subregional or international organisation
concerned. The Parties undertake to comply with all ICCAT recommendations.

4. In
accordance with Article 4 of the Agreement and on the basis of the
recommendations and resolutions adopted within ICCAT, and in the light of the
best available scientific advice, the Parties shall consult each other within
the Joint Committee provided for in Article 3 of the Agreement and adopt, where
appropriate after a scientific meeting possibly at subregional level, and by
mutual agreement, measures to ensure the sustainable management of fisheries
resources affecting the activities of EU vessels.

5. The parties
shall work together to strengthen the control and inspection mechanisms for
fisheries in the Republic of Côte d’Ivoire.

Article 5

Review of fishing opportunities by
mutual agreement

1. The fishing
opportunities referred to in Article 1 may be increased by mutual agreement
provided that the consultations referred to in Article 4(4) confirm that such
an increase will not endanger the sustainable management of the resources of
the Republic of Côte d’Ivoire. In this case the financial contribution
referred to in Article 2(1) shall be increased proportionately and pro rata
temporis.

2. Conversely,
if the parties agree to adopt a reduction in the fishing opportunities provided
for in Article 1, the financial contribution shall be reduced proportionately
and pro rata temporis.

3. The
allocation of the fishing opportunities among different categories of vessels
may also be reviewed, following consultations and by mutual agreement between
the Parties, provided that any changes comply with recommendations made by the
scientific meeting referred to in Article 4(4) regarding the management of
stocks liable to be affected by such redistribution. The parties shall agree on
the corresponding adjustment of the financial contribution where the
redistribution of fishing opportunities so warrants.

Article 6

New fishing opportunities and
experimental fisheries

1. Should EU
vessels be interested in fishing activities which are not indicated in Article
1, the European Union shall consult the Republic of Côte d’Ivoire in order
to seek authorisation for these new activities. In the course of these
consultations, the parties shall take account of the relevant scientific
opinions, in particular opinions issued by regional fisheries organisations
such as the Fishery Committee for the Eastern Central Atlantic (CECAF). Where
appropriate, the Parties shall agree on the conditions applicable to these new
fishing opportunities and on the implementation of multiannual management
plans. They shall, if necessary, make amendments to this Protocol and to the
Annex hereto.

2. Following
the consultations laid down in Article 4(4), the Parties may authorise
exploratory fishing surveys in the Ivorian fishing zone to test the technical
feasibility and the economic viability of new fisheries.

2.1 To this
end, the European Union shall communicate to the Ivorian authorities the
applications for exploratory fishing licences on the basis of a technical file
indicating:

— the technical
characteristics of the vessel;

— the vessel's
officers' level of expertise in the relevant fishery;

— the proposal for the technical parameters
of the trip (length, gear, exploration regions, etc.).

2.2 The
exploratory fishing trips shall have a maximum duration of six months. They
shall be subject to the payment of a fee set by the Ivorian authorities.

2.3 A
scientific observer from the flag State and an observer chosen by the Ivorian
authorities shall be present on board throughout the duration of the trip.

2.4 The catches
consistent with and obtained during the exploratory trip remain the property of
the vessel owner.

2.5 The
detailed results of the trip shall be sent to the Joint Committee and the Joint
Scientific Committee for analysis.

Article 7

Applicable provisions of national
law

1. The
activities of EU fishing vessels operating in Ivorian waters shall be governed
by the applicable law in the Republic of Côte d’Ivoire, unless otherwise
provided in the Agreement and this Protocol.

2. The Ivorian
authorities shall immediately inform the European Union of any change or any
new legislation relating to the fishing sector.

3. The European
Union shall inform the Ivorian authorities of any change or any new legislation
relating to the fishing activities of the European Union distant-water fleet.

Article 8

Suspension of the implementation of
the Protocol

1. The
implementation of this Protocol may be suspended at the initiative of one of
the two Parties after consultation within the Joint Committee, if one or more
of the following conditions apply:

(a)        unusual circumstances, as
defined in Article 2(h) of the Fisheries Partnership Agreement, preventing
fishing activities in the Ivorian fishing zone;

(b)        significant changes in the
formulation or implementation of the fisheries policy of either one of the
Parties affecting the relevant provisions of this Protocol;

(c)        activation of the consultation
mechanisms laid down in Article 96 of the Cotonou Agreement owing to one of the
essential and fundamental elements of human rights and democratic principles as
provided for in Article 9 of the Cotonou Agreement;

(d)        non-payment of the financial
contribution provided for in Article 2(2)(a) by the European Union, for
reasons other than those provided for in Article 9 of this Protocol;

(e)        a serious and unresolved dispute
between the two parties on the application or the interpretation of this
Protocol;

2. Where the application of the Protocol is
suspended for reasons other than those given in paragraph 1(c) above, it shall
require the Party concerned to notify its intention in writing at least three
months before the date on which suspension is due to take effect. Suspension of
the Protocol for the reasons given in paragraph 1(c) shall apply immediately after
the suspension decision has been taken.

3. In the event of suspension, the Parties
shall continue to consult with a view to finding an amicable settlement to
their dispute. Where such settlement is reached, application of the Protocol
shall resume and the amount of the financial contribution shall be reduced
proportionately and pro rata temporis according to the period during which
application of the Protocol has been suspended.

Article 9

Suspension and review of the
payment of the financial contribution

1. The
financial contribution as referred to in Article 2(2)(a) and (b) may be revised
or suspended after consultation within the Joint Committee if one or more of
the following conditions are met:

(a)        unusual circumstances, as
defined in Article 2(h) of the Fisheries Partnership Agreement, preventing
fishing activities in the Ivorian fishing zone;

(b)        significant changes in the
formulation or implementation of the fisheries policy of either one of the
Parties affecting the relevant provisions of this Protocol;

(c)        activation of the consultation
mechanisms laid down in Article 96 of the Cotonou Agreement owing to a
violation of one of the essential and fundamental elements of human rights and
democratic principles as provided for in Article 9 of the Cotonou Agreement;

2. The European Union may revise or
suspend, partially or totally, the payment of the specific financial
contribution provided for in Article 2(2)(b) of this Protocol in the event of
failure to implement this financial contribution or if the results obtained are
inconsistent with the programming, following an evaluation carried out by the
Joint Committee.

3. Payment of
the financial contribution shall resume after consultation and agreement of the
two Parties as soon as the situation prior to the events referred to in
paragraph 1 has been reestablished, or if the results of the financial
implementation referred to in paragraph 2 so warrant. Nevertheless, the
specific financial contribution provided for in Article 2(2)(b) may not be
paid out beyond a period of six months after the Protocol expires.

4. The fishing
authorisations granted to EU vessels may be suspended at the same time as the
suspension of the payment of the financial contribution under
Article 2(2)(a). If resumed, the validity of these fishing authorisations
shall be extended for a period equal to the period of suspension of fishing
activities.

5. Save as
provided for in paragraph 1 of this article, if the European Union omits to
make the payment laid down in Article 2(2)(a), the Ivorian authorities shall
officially inform the European Union of the non-payment. The latter shall
perform the appropriate checks and, where necessary, transmit the payment
within no more than 60 working days of the date of receipt of the official
request;

If no payment
has been made by this deadline, without proper justification, the Ivorian
authorities shall be entitled to suspend application of the Protocol in
accordance with the provisions set out in Article 8. Application of the
Protocol shall resume as soon as the payment concerned has been made.

Article 10

Electronic communication

1. The Republic
of Côte d’Ivoire and the European Union undertake to install as soon as
possible the computer systems required for the electronic exchange of all the
information and documents related to the implementation of the Agreement.

2. The
electronic form of a document will be considered equivalent to the paper
version in every respect.

3. The Republic
of Côte d'Ivoire and the EU shall inform each other of any malfunction of a
computer system as soon as possible. The information and documents related to
the implementation of the Agreement shall then be automatically replaced by
their paper version as specified in the Annex.

Article 11

Confidentiality of data

The Republic of
Côte d’Ivoire and the European Union shall undertake that all nominative data
relating to EU vessels and their fishing activities obtained within the
framework of the Agreement will, at all times, be processed strictly in
accordance with the principles of confidentiality and data protection.

Article 12

Termination

1. In the event
of termination of the Protocol, the Party concerned shall notify the other
Party in writing of its intention to terminate the Protocol at least six (6)
months before the date on which such termination would take effect.

2. Dispatch of
the notification, as referred to in the previous paragraph, shall open
consultations between the Parties.

Article 13

Provisional application

This
Protocol shall apply provisionally as from 1 July 2013.

Article 14

Entry into force

1. This
Protocol shall enter into force on the date on which the parties notify each
other of the completion of the procedures necessary for this purpose.

ANNEX

CONDITIONS GOVERNING FISHING ACTIVITIES BY EUROPEAN UNION VESSELS IN
THE IVORIAN FISHING ZONE

CHAPTER I

General provisions

1.
Designation of competent authority

For the purposes of this Annex and unless
otherwise specified hereinafter, any reference to the European Union (EU) or to
the Republic of Côte d’Ivoire as a competent authority shall mean:

–
for the EU: the European Commission, where
applicable via the EU delegation in Côte d'Ivoire;

–
for the Republic of Côte d'Ivoire: the Minister
for Fisheries.

2.
Fishing zone

EU vessels may carry out fishing activities
in waters beyond 12 nautical miles from the base lines subject to the
provisions of point 3 below.

3. Zones
closed to shipping and to fishing

When issuing
the fishing licence, the Ministry responsible for fisheries in the Republic of
Côte d’Ivoire shall inform vessel owners of the boundaries of the area in which
shipping and fishing is prohibited when issuing the fishing licence. The EU
delegation shall also be informed.

4. Bank
account

The Republic of Côte d’Ivoire shall notify
the EU before the entry into force of the Protocol of the details of the bank
account into which the financial sums payable by EU vessels under the Agreement
should be paid. The associated bank transfer costs shall be borne by the vessel
owners.

CHAPTER II

Application and issue formalities for fishing authorisations

For the purposes of applying the provisions
of this Annex, the term 'licence' shall be equivalent to the term 'fishing
authorisation', as laid down in European legislation.

1.
Conditions for obtaining a fishing licence – eligible vessels

Only eligible
vessels may obtain a licence to fish in the Ivorian fishing zone. To do so,
they must be entered in the register of EU fishing vessels.

For a vessel to
be eligible, neither the owner, the master nor the vessel itself must be prohibited
from fishing in Côte d’Ivoire. They must be in order vis-à-vis the Ivorian
authorities insofar as they must have fulfilled all prior obligations arising
from their fishing activities in Côte d’Ivoire under fisheries agreements
concluded with the EU.

2.
Licence applications

The relevant EU
authorities shall submit (by electronic means) or by any other expeditious
method, to the Ministry responsible for fisheries in Côte d’Ivoire, an
application for each vessel wishing to fish or assist in fishing activities
under the Agreement at least 30 working days before the date of commencement of
the period of validity requested.

Applications
shall be submitted to the Ministry responsible for fisheries on a form drawn up
in accordance with the specimen in Appendix I.

All licence
applications shall be accompanied by the following documents:

— proof of
payment of the flat-rate advance for the period of validity of the licence,

— one colour
photograph of the vessel (side view), additional boats used for fishing and
additional out-of-water equipment for detecting fish,

— an
illustration and detailed description of the fishing gear used,

For the renewal
of a licence under the Protocol in force for a vessel whose technical
specifications have not been modified, the renewal application shall be
accompanied only by proof of payment of the fee.

3.
Flat-rate fee

The fee shall
be paid into the account specified by the Ivorian authorities in accordance
with Article 1(4) of this Annex.

The fees shall
include all national and local charges, with the exception of port taxes and
service charges.

4.
Provisional list of vessels authorised to fish

Once it has
received the fishing authorisation applications and notification of payment of
the advance, Côte d'Ivoire shall draw up the provisional list of applicant
vessels. This list shall be sent without delay to the national body responsible
for supervising fishing, and to the EU.

The EU shall
forward a copy of the provisional list to the vessel owner or to the consignee.
If the EU offices are closed, Côte d'Ivoire may send the provisional list
directly to the vessel owner or their consignee. Vessels shall be authorised to
fish as soon as they are included on the provisional list. Vessels must keep a
copy of the provisional list on board until their fishing authorisation is
issued.

5. Issue
of licences

Licences for
all vessels shall be issued to vessel owners or their representatives via the
Delegation of the European Union to Côte d’Ivoire, within 21 working days
of receipt of all the documents referred to in point 2 above by the Ministry
responsible for fisheries in Côte d’Ivoire.

Licences shall
be valid for one year and are renewable. They shall be issued for the period
from 1 July to 30 June of the following year.

6. List
of vessels authorised to fish

Once the
licence is issued, the Republic of Côte d'Ivoire shall immediately draw up the
final list of vessels authorised to fish in the Ivorian zone. This list shall
be sent immediately to the national body responsible for monitoring fishing and
to the EU and shall replace the provisional list referred to above.

7.
Licence transfer

Licences shall
be issued for a specific vessel and shall not be transferable. However, at the
request of the EU and where force majeure is proven, e.g. in the event of the
loss or prolonged immobilisation of a vessel due to a serious technical
failure, the licence of the initial vessel shall be replaced by a new licence
for another vessel of the same fishing category, as referred to in Article 1 of
the Protocol, with no further fee due. In this case, the calculation of the
catch levels to determine whether an additional payment should be made shall
take account of the sum of the total catches of the two vessels.

The owner of
the first vessel, or his or her representative, shall return the cancelled
licence to the Ministry responsible for fisheries in Côte d’Ivoire via the
EU Delegation.

The new licence
shall take effect on the day that the vessel’s owner returns the cancelled
licence to the Ministry responsible for fisheries in Côte d’Ivoire. The EU
Delegation to Côte d’Ivoire shall be informed of the licence transfer.

8.
Keeping a licence on board

The licence
must be held on board at all times. Vessels shall, however, be authorised to
fish as soon as they are included on the provisional list mentioned in
paragraph 4 of this Chapter.

CHAPTER III

Licence conditions — fees and advance payments

1. The fee
shall be EUR 35 per tonne caught within the Ivorian fishing zone in the case of
tuna seiners and surface longliners.

2. Licences
shall be issued once the following standard amounts have been paid to the
competent national authorities:

— EUR 5 390 per
tuna seiner, equivalent to the fees due for 154 tonnes per year,

— EUR 1 960 per
surface longliner, equivalent to the fees due for 56 tonnes per year.

3. Member
States shall inform the European Commission not later than 15 June each year of
the tonnages caught during the past year, as confirmed by the scientific
institutes referred to in point 6 below.

4. The final
statement of the fees due for year n shall be drawn up by the European
Commission by 31 July of year n + 1 at the latest on the basis of the catch
declarations made by each vessel owner and confirmed by the competent
scientific institutes.

5. This
statement shall be sent simultaneously to the Ministry responsible for
fisheries in Côte d’Ivoire and to the vessel owners via the Member States.

6. Where the final statement is greater
than the flat-rate fee paid to obtain the fishing authorisation, the vessel
owner shall pay the outstanding balance to the Republic of Côte d'Ivoire within
45 days unless he/she contests the payment.

7. However, if
the amount of the final statement is lower than the advance referred to in
point 2 of this Section, the resulting balance shall not be reimbursable to the
vessel owner.

CHAPTER IV

Catch reporting arrangements

1. Fishing log

The master of an EU vessel fishing under
the Agreement shall keep a fishing logbook, for which the model for each
category of fishing is included in Appendix 3 of this Annex.

The fishing logbook shall be completed by
the master for each day the vessel is present in the Ivorian fishing zone.

Each day the master shall record in the
fishing logbook the quantity of each species, identified by its FAO alpha 3 code,
caught and kept on board, expressed in kilograms of live weight or, where
necessary, the number of individual fish. For each main species, the master
shall also mention the bad catch. Where applicable, the master shall also
record each day in the fishing logbook the quantities of each species thrown
back into the sea, expressed in kilograms of live weight or, where necessary,
the number of individual fish.

The fishing logbook shall be filled in
legibly, in block capitals, and signed by the master.

The master shall be responsible for the
accuracy of the data recorded in the fishing logbook.

2. Catch reporting

The master shall notify the vessel's catch
by submitting its fishing logbooks for the period of its presence in the
Ivorian fishing zone to the Ministry responsible for fisheries. He shall send a
copy to the Centre de Recherche Océanologique de Côte d'Ivoire (Ivorian
Oceanology Research Centre – CRO) and to one of the following scientific
institutes:

i.             Institut
de recherche pour le développement (IRD);

ii.            Instituto
Español de Oceanografía (IEO);

iii.           INIAP
(Instituto Nacional de investigação agrária e das Pescas).

The fishing logbooks shall be transmitted
in one of the following ways:

i              when
passing through an Ivorian port, the original of each fishing logbook shall be
submitted to the local representative of Côte d'Ivoire, who shall forward it to
the Ivorian authorities who shall confirm receipt thereof in writing;

ii.            when
leaving the Ivorian fishing zone without first passing through an Ivorian port,
the fishing logbook shall be sent within a period of 30 days after leaving the
Ivorian fishing zone by one of the following means:

a.            preferably by e-mail.

b.           by post,

c.            or by fax:

Vessels shall be informed of the fax and
telephone numbers and e-mail address when the fishing licence is issued. Côte
d'Ivoire shall immediately inform the vessels concerned and the EU of any
change to the e-mail address, telephone number or transmission frequency.

Where the provisions set out in this
Chapter are not complied with, the Ivorian Government reserves the right to
suspend the licence of the offending vessel until formalities have been
completed and to apply to the vessel owner the penalty laid down in current
Ivorian legislation. The European Union and the flag Member State shall be
informed thereof.

3. Transition to an electronic system

Both parties indicate their shared
willingness to ensure a transition to an electronic system for declaring
catches based on the technical characteristics laid down in Appendix 5. The
parties agree to determine together the terms of this transition within the
Joint Committee with the aim of the system becoming operational on 31 December
2014.

CHAPTER V

Signing-on of seamen

1. EU vessel
owners shall employ ACP nationals, subject to the following conditions and
limits:

— for the fleet
of tuna seiners, at least 20% of the seamen signed on during the tuna-fishing
season in the fishing zone of the third country shall be of ACP origin.

— for the fleet
of surface longliners, at least 20% of the seamen signed on during the fishing
season in the fishing zone of the third country shall be of ACP origin.

2. Vessel
owners shall endeavour to take on board Ivorian seamen first.

3. The
International Labour Organisation (ILO) Declaration on Fundamental Principles
and Rights at Work shall apply as of right to seamen signed on by EU vessels.
This concerns in particular the freedom of association and the effective
recognition of the right to collective bargaining, and the elimination of
discrimination in respect of employment and occupation.

4. The
employment contracts of ACP seamen shall be drawn up between the vessel owners’
representative(s) and the seamen and/or their trade unions or representatives;
a copy of these contracts shall be given to the signatories. These contracts
shall guarantee the seamen the social security cover applicable to them,
including life assurance and sickness and accident insurance.

5. The wages of
the ACP seamen shall be paid by the vessel owners. They shall be set by mutual
agreement between the vessel owners or their representatives and the seamen
and/or their trade unions or representatives. However, the wage conditions
granted to ACP seamen shall not be lower than those applied to crews from their
respective countries and shall under no circumstances be below ILO standards.

6. All seamen
employed on board EU vessels shall report to the master of the vessel
designated on the day before their proposed embarkation date. Where a seaman
fails to report at the date and time agreed for embarkation, vessel owners
shall be automatically absolved of their obligation to take the seaman on
board.

7. Vessel
owners shall transmit on an annual basis information on seamen signed on. This
information shall include the number of seamen who are nationals:

- of the
European Union

- of an ACP
country, distinguishing Ivorians from other ACP nationalities

- a non-ACP and
a non-EU country.

CHAPTER VI

Technical measures

The technical
measures applicable to the vessels holding a fishing licence, relating to the
zone, fishing gear and additional catch, shall be defined in the technical
sheet contained in Appendix 2 to this Annex.

Vessels shall
comply with the measures and recommendations adopted by ICCAT in the region
regarding fishing gear and the technical specifications thereof and all other
technical measures applicable to their fishing activities.

CHAPTER VII

Observers

1. Vessels
authorised to fish in Ivorian waters under the Agreement shall take on board
observers appointed by the competent regional fisheries organisation (RFO) on
the terms set out below.

1.1. At the
request of the competent authority, EU vessels shall take on board an observer
designated by the authority in order to check catches made in Ivorian waters.

1.2. The
competent authority shall draw up a list of vessels designated to take an
observer on board and a list of the appointed observers. These lists shall be
kept up to date. They shall be forwarded to the European Union as soon as they
have been drawn up and every quarter thereafter where they have been updated.

1.3. The
competent authority shall inform the vessel owners concerned, or their
representatives, of the name of the observer appointed to be taken on board
their vessel at the time the licence is issued, or no later than 15 days before
the observer’s planned embarkation date.

2. The time
spent on board by the observer shall be one fishing trip. However, at the
express request of the competent Ivorian authorities, this embarkation may be
spread over several trips according to the average duration of trip for a
particular vessel. This request shall be made by the competent authority when
the name of the observer appointed to board the vessel in question is notified.

3. The
conditions under which the observer is are taken on board shall be agreed
between the vessel owner or his/her representative and the competent authority.

4. The
observers shall be taken on board at a port chosen by the vessel owner at the
beginning of the first voyage in Ivorian waters after notification of the list
of designated vessels.

5. Within two
weeks and giving ten days' notice, the vessel owners concerned shall make known
at which ports in the subregion and on what dates they intend to take observers
on board.

6. If the
observer is taken on board in a country outside the subregion, his/her travel
costs shall be borne by the vessel owner. If a vessel with a regional observer
on board leaves the regional fishing zone, all measures shall be taken to
ensure the observer's return as soon as possible at the expense of the vessel
owner.

7. If the
observer is not present at the time and place agreed or within the twelve hours
following the time agreed, the vessel owner is automatically absolved of their
obligation to take the observer on board.

8. The observers
shall be treated as officers. When the vessel is operating in Ivorian waters,
he or she shall carry out the following tasks:

8.1. observe
the fishing activities of the vessels;

8.2. verify the
position of vessels engaged in fishing operations;

8.3. perform
biological sampling in the context of scientific programmes;

8.4. note the
fishing gear used;

8.5. verify the
catch data for Ivorian waters recorded in the logbook;

8.6. verify the
percentages of by-catches and estimate the quantity of discards of species of
marketable fish;

8.7. report
fishing data, including the quantity of catches and by-catches on board, to
their competent authority by any appropriate means.

9. The master
shall do everything in his/her power to ensure the physical safety and welfare
of the observer during the performance of his/her duties.

10. The
observers shall be offered every facility needed to carry out their duties. The
master shall give him/her access to the means of communication needed for the
discharge of their duties, to documents directly concerned with the vessel’s
fishing activities, including in particular the logbook and the navigation log,
and to those parts of the vessel necessary to facilitate the exercise of their
tasks.

11. While on
board, the observer shall:

11.1. take all
appropriate steps to ensure that the conditions of their boarding and presence
on the vessel neither interrupt nor hamper fishing operations;

11.2. respect
the material and equipment on board and the confidentiality of all documents
belonging to the said vessel.

12. At the end
of the observation period and before leaving the vessel, the observer shall
draw up an activity report to be transmitted to the competent authorities, with
a copy to the European Union. He/she shall sign it in the presence of the
master, who may add or cause to be added to it any observations considered
relevant, followed by the master’s signature. A copy of the report shall be
handed to the mastermaster when the scientific observer is put ashore.

13. Vessel
owners shall bear the cost of accommodating observers in the same conditions as
the officers, within the confines of the practical possibilities offered by the
vessel.

14. The salary
and social contributions of the observer shall be borne by the competent
authorities.

15. The two
Parties shall consult each other, and interested third parties, as soon as
possible as regards the definition of a system of regional observers and the
choice of the competent regional fisheries organisation. Pending the
implementation of a system of regional observers, vessels authorised to fish in
the Ivorian fishing zone under the Agreement shall take on board, instead of
regional observers, observers designated by the competent the Ivorian
authorities in accordance with the rules set out above.

CHAPTER VIII

Control and inspection

1. Entering
and leaving the zone

1.1. At least
three hours in advance EU vessels shall notify the competent Ivorian
authorities responsible for fisheries control of their intention to enter or
leave the Ivorian fishing zone.

When notifying its entry or exit, the
vessel shall notify in particular:

i. the date, time and point of passage
scheduled;

ii.          the quantity of each species
held on board, as identified by its FAO alpha 3 code and expressed in kilograms
of live weight or, if necessary, the number of individual fish;

iii.         the nature and presentation of
the product.

1.2. This
information should preferably be communicated by e-mail or, failing that, by
fax. The Republic of Côte d'Ivoire shall confirm receipt thereof immediately by
return e-mail or fax.

1.3. Vessels
found to be fishing without having informed the competent Côte d’Ivoire
authority shall be regarded as vessels in breach of the rules.

2. Inspection
procedures

2.1. Masters of
EU fishing vessels engaged in fishing activities in Ivorian waters shall allow
and facilitate boarding and the discharge of their duties by any Ivorian
official responsible for the inspection and control of fishing activities.

2.2. These
officials shall not remain on board for longer than is necessary for the
discharge of their duties.

2.3. At the end of each inspection, the
Ivorian inspectors shall draw up an inspection report. The master of the EU
vessel has the right to include his comments in the inspection report. The
inspection report shall be signed by the inspector drawing up the report and
the master of the EU vessel. The signature of the inspection report by the
master shall be without prejudice to the vessel owner's right of defence in
respect of an infringement. If the master refuses to sign this document, he
shall specify the reasons for doing so in writing and the inspector shall write
"refusal to sign" on it. The Ivorian inspectors shall issue a copy of
the inspection report to the master of the EU vessel before leaving.

2.4 Masters of EU fishing vessels engaged
in landing or transhipment operations in an Ivorian port shall allow and
facilitate the inspection of such operations by duly mandated Ivorian
inspectors, who are recognisable as such. Once the inspection and control has
been completed, a certificate shall be issued to the master of the vessel.

2.5 Côte
d'Ivoire may authorise the EU to take part in inspections as an observer.

3. Transhipment

3.1. All EU
vessels wishing to tranship catches in Ivorian waters shall do so in or off
Ivorian ports.

3.2. The owners
of such vessels must notify the following information to the competent Ivorian
authorities at least 24 hours in advance:

— the names of
the transhipping fishing vessels,

—the names, IMO
numbers and flag of the cargo vessels,

— the tonnage
by species to be transhipped,

— the day and
place of transhipment.

3.3.
Transhipment shall be considered as an exit from the Ivorian fishing zone.
Masters of vessels must submit their catch declarations to the competent Ivorian
authorities and state whether they intend to continue fishing or leave Ivorian
fishing zone.

3.4. Any
transhipment of catches not covered above shall be prohibited in Ivorian
fishing zone. Any person infringing this provision shall be liable to the penalties
provided for by Ivorian law.

CHAPTER IX

Satellite-based vessel monitoring system (VMS)

1. Vessel
position messages – VMS system

Whilst they are in the Ivorian zone, EU
vessels holding a licence must be equipped with a satellite monitoring system
(Vessel Monitoring System – VMS) to enable automatic and continuous
communication of their position, at all times, to the fishing control centre
(Fisheries Monitoring Centre – FMC) of their flag State.

Each position message must contain:

a.            the
vessel identification,

b.           the
most recent geographical position of the vessel (longitude, latitude), with a
position error of less than 500 metres, and with a confidence interval of 99%;

c.            the
date and time the position is recorded;

d.           the
speed and the course of the vessel;

Each position message must be configured in
accordance with the format included in Appendix 4 to this Annex. The first
position recorded after entry into the Ivorian zone shall be identified by the
code 'ENT'. All subsequent positions shall be identified by the code 'POS',
with the exception of the first position recorded after departure from the
Ivorian zone, which shall be identified by the code 'EXI'.

The FMC of the flag State shall ensure the
automatic processing and, if necessary, the electronic transmission of the
position messages. The position messages shall be recorded in a secure manner
and kept for a period of three years.

2. Transmission by the vessel in the
event of breakdown of the VMS system

The master shall ensure at all times that
the VMS system of his vessel is fully operational and that the position
messages are correctly transmitted to the FMC of the flag State.

In the event of breakdown, the VMS system
of the vessel shall be repaired or replaced within one month. After that
period, the vessel shall no longer be authorised to fish in the Ivorian fishing
zone.

Vessels fishing in the Ivorian fishing zone
with a defective VMS system must communicate their position messages by e-mail,
radio or fax to the FMC of the flag State, at least every four hours, and must
provide all the compulsory information detailed in paragraph 1.

3. Secure communication of position
messages to the Republic of Côte d'Ivoire

The FMC of the flag State shall
automatically send the position messages of the vessels concerned to the
Ivorian FMC. The FMC of the flag State and the Ivorian FMC shall exchange their
contact e-mail addresses and inform each other immediately of any change to
these addresses.

The transmission of position messages
between the FMCs of the flag State and Côte d’Ivoire shall be carried out
electronically using a secure communication system.

The Ivorian FMC shall inform the FMC of the
flag State and the EU of any interruption in the receiving of consecutive
position messages from a vessel holding a licence, where the vessel concerned
has not notified its departure from the fishing zone.

4. Malfunction of the communication
system

The Republic of Côte d’Ivoire shall ensure
the compatibility of its electronic equipment with that of the FMC of the flag
State and inform the EU immediately of any malfunction as regards the
communication and receiving of position messages with a view to finding a
technical solution as soon as possible. The Joint Committee shall deal with any
possible dispute arising.

The master shall be considered to be
responsible for any proven manipulation of a vessel’s VMS system aimed at
disturbing its operation or falsifying its position messages. Any infringements
shall be subject to the penalties provided for by the Ivorian legislation in
force.

5. Revision of the frequency of
position messages

On the basis of documentary evidence
proving an infringement, the Republic of Côte d'Ivoire may ask the FMC of the
flag State, copying in the EU, to reduce the interval for sending position
messages from a vessel to every thirty minutes for a set period of
investigation. That documentary evidence must be sent immediately by the
Republic of Côte d'Ivoire to the flag State FMC and the EU. The FMC of the flag
State shall immediately send the position messages to Côte d’Ivoire at the new
frequency.

When the period of investigation ends, the
Republic of Côte d'Ivoire shall immediately inform the FMC of the flag State
and the EU and subsequently inform them of any follow-up.

Chapter X

Infringements

1. Handling of infringements

Any infringement committed by an EU vessel
holding a licence in accordance with the provisions of this Annex must be
mentioned in an inspection report. This report shall be sent to the EU and the
flag State within seven working days.

2. Detention of a vessel –
information meeting

Any EU vessel having committed an
infringement may be forced to cease its fishing activity and, where the vessel
is at sea, to return to an Ivorian port.

The Republic of Côte d'Ivoire shall notify
the EU within 24 hours of any detention of an EU vessel holding a licence. This
notification shall be accompanied by documentary evidence of the infringement.

Before taking any measure against the
vessel, the master, the crew or the cargo, with the exception of measures aimed
at protecting evidence, the Republic of Côte d'Ivoire shall organise, at the
request of the EU, within one working day of notification of the detention of
the vessel, an information meeting to clarify the facts which have led to the vessel
being detained and to explain what further action may be taken. A
representative of the flag State of the vessel may attend this information
meeting.

3.
Penalties for infringements - compromise procedure

The penalty for the infringement shall be
set by the Republic of Côte d’Ivoire according to the provisions of the
national legislation in force.

Where settling the infringement involves
legal proceedings, before these are launched, and provided that the
infringement does not involve a criminal act, a compromise procedure shall be
undertaken between the Republic of Côte d'Ivoire and the vessel owner or
his/her representative in order to determine the terms and level of the
sanction. A representative of the flag State of the vessel and of the EU may
participate in this compromise procedure. The compromise procedure shall finish
at the latest three days after the notification of the detention of the vessel.

4. Legal proceedings – bank security

If the compromise procedure fails and the
infringement is brought before the competent court, the owner of the vessel
which committed the infringement shall deposit a bank security at a bank
designated by the Republic of Côte d’Ivoire, the amount of which, as set by the
Republic Côte d’Ivoire, covers the costs linked to the detention of the vessel,
the estimated fine and any compensation. The bank security may not be recovered
until the legal proceedings have been concluded.

The bank security shall be released and
returned to the vessel owner without delay after the judgment has been given:

a.            in
full, if no penalty has been imposed;

b.           for
the amount of the remaining balance, if the penalty is a fine which is lower
than the amount of the bank security.

The Republic of Côte d’Ivoire shall inform
the EU of the outcome of the legal proceedings within seven working days of the
judgement being given.

5. Release of the vessel and the crew

The vessel and
its crew shall be authorised to leave the port:

- once the
obligations arising under the amicable settlement have been fulfilled, or

- once the bank
security has been lodged.

Appendices

1. Licence
application form

2. Data sheet

3. ICCAT
logbook

4. Format of
VMS position message

5. Electronic
reporting of fishing operations (ERS)

Appendix 1 – Licence application form

CÔTE D'IVOIRE - EUROPEAN UNION FISHERIES AGREEMENT

FISHING LICENCE APPLICATION FORM

I
- APPLICANT

1.             Name
of vessel owner: Nationality: ...................................

2.             Name
of the vessel owner's association or agent:
...................................................................................

3.             Address
of the vessel owner's association or agent:
...............................................................................

.......................................................................................................................................................................

4.             Telephone:
.................................................                 Fax:
.......................................................................

5.             Name
of master: Nationality: .....................................

II
– VESSEL AND IDENTIFICATION

1.             Vessel
name:
....................................................................................................................................................

2.             Flag
State: .......................................................................................................................................

3.             Previous
flag, if any; .......................................................................................

4.             Date
on which current flag was acquired: .....................................................................................

5.             External
registration number:
...............................................................................................................

6.             Port
of registry: ........................................             MMSI:
.................................................

7.             Year
and place of construction:...
..................................................................................................................

8.             Radio
call sign: ..................................     Call frequency:
........................................................

9.             Hull
construction material:                        Steel  ̈             Wood  ̈                        Polyester  ̈           Other  ̈

III
- TECHNICAL CHARACTERISTICS AND EQUIPMENT

1.             Overall
length: ..................................................           Width:
..........................................................................

2.             Tonnage
(expressed in GT London):
................................................................................................................

3.             Horse
power of main engine: : ................                       Make:
.............................. Type: ...........................

4.             Vessel
Type: ..................................................                Fishing
category: .....................................................

5.             Gear
types: ...........................................................................................................................................

6.             Fishing
zones: ..................................................              Target
species: ............................................................

7.             Crew
complement: .................................................................................................................

8.             Method
of preservation on board:      Cooling  ̈ Refrigeration  ̈ Mixed  ̈ Freezing  ̈

9.             Freezing
capacity in tonnes/24 hours: ........................................................................................

10.           Hold
capacity: .................................................                              Number:
.......................................................

Done
at Brussels,

Name
of Applicant

Appendix 2 – Technical sheet

FREEZER TUNA SEINERS AND LONGLINERS

1. Fishing zone:

Beyond 12 nautical miles from the base lines.

2. Authorised gear

Seine Surface longliners

3. Prohibited species:

In accordance with the Convention on Migratory Species (CMS) and with the ICCAT resolutions, fishing for the basking shark (Cetorhinus maximus), white shark (Carcharodon carcharias), bigeye thresher shark (Alopias superciliosus), hammerhead sharks in the Sphyrnidae family (with the exception of the bonnethead shark), oceanic whitetip shark (Carcharhinus longimanus) and the silky shark (Carcharhinus falciformis) is prohibited. Fishing for the sandtiger shark (Carcharias taurus) and the tope shark (Galeorhinus galeus) is prohibited. The two Parties shall consult within the Joint Committee to update this list on the basis of scientific recommendations.

4. Authorised tonnage/fees

4.1. Additional fee per tonne caught || EUR 35 per tonne

4.2. Annual flat-rate fee: || EUR 5 390 for 154 tonnes per seiner EUR 1 960 for 56 tonnes per surface longliner

4.3. Number of vessels authorised to fish || 28 seiners 10 longliners

Appendix 3 – Fishing logbook

ICCAT LOGBOOK FOR TUNA FISHERY ||

|| || Longline Live bait Purse seine Trawl Outros (Others) ||

||

|| || || || || || || || || || ||

Vessel name: ............................................................................... || Gross tonnage:                        ...................................................................................... || Vessel DEPARTED: Vessel RETURNED: || Month || Day || Year || Port || || ||

Flag country:  ......................................................................................................... || Capacity – (MT): ........................................................... || || || || || || ||

||

Registration No:                      ........................................................................................................... || Master: ................................................................... || || || ||

Vessel owner: ............................................................................................ || No of crew:    ..................................................................................... || || || || || || || ||

Address: ........................................................................................ || Reporting date: ............................................................ || || ||

|| (Reported by):                        ....................................................................................... || No of days at sea: || || No of fishing days: No of sets made: || || Trip number: || ||

||

||

|| ||

Date || Sector || Surface water temp (oC) || Fishing effort No of hooks used || Catches || Bait used (Bait used) ||

Month || Day || Latitude N/S || Longitude E/W || Bluefin tuna Thunnus thynnus or maccoyii || Yellowfin tuna Thunnus albacares || (Bigeye tuna) Thunnus obesus || (Albacore) Thunnus alalunga || (Swordfish) Xiphias gladius || (Strip marlin) (White marlin) Tetraptunus audax or albidus || (Black marlin) Makaira indica || (Sailfish) Istiophorus albicans or platypterus || (Skipjack) Katsuwonus pelamis || (Miscellaneous fish) || Daily total (weight in kg only) || Saury || Squid || Live bait || (Other) ||

|| || || || || || Number || Weight kg || Number || kg || Number || Kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || Number || kg || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

|| || || || || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

LANDING WEIGHT (IN KG) || || || || || || || || || || || || || || || || || || || || || || || || || || || ||

Notes || || || || ||

1 – Use one sheet per month and one line per day. || || 3 – ‘Day’ refers to the day you set the line. || 5 - The last line (landing weight) should be completed only at the end of the trip. Actual weight at the time of unloading should be recorded. || ||

2 - At the end of each trip, forward a copy of the log to your correspondent or to the ICCAT, Calle Corazón de María, 8, 28002 Madrid, Spain || || 4 - Fishing area refers to the position of the vessel. Round off minutes and record degree of latitude and longitude. Be sure to record N/S and E/W. || || 6 - All information reported herein will be kept strictly confidential. || || ||

Appendix 4 – Format of VMS position
message

COMMUNICATION
OF VMS MESSAGES TO CÔTE D'IVOIRE
POSITION REPORT

Data Element || Field code || Mandatory or optional? || Remarks

Start record || SR || O || System detail; indicates start of record

Address destination || AD || O || Message detail; destination Party Alfa-3 ISO country code

Source || FR || O || Message detail; destination Party Alfa-3 ISO country code

Number || RN || F || Message detail; serial number of the record for the relevant year

Type of message || TM || O || Message detail; message type: 'ENT', 'POS' or 'EXI'

Name of the vessel || NA || F || Name of the vessel

External registration number || XR || F || Vessel detail; the side number of the vessel

Radio call sign || RC || O || Vessel detail; international radio call sign of the vessel

EU Fleet Register Number || IR || F || Vessel detail; Unique Party vessel number Unique Party vessel number as Alfa-3 ISO flag country code followed by number

Latitude || LT || O || Position detail; position ± 99.999 (WGS-84)

Longitude || LG || O || Position detail; position ±999.999 (WGS-84)

Speed || SP || O || Position detail; Vessel speed in tenths of knots

Course || CO || O || Position detail; vessel course 360° scale

Date || DA || O || Position detail; UTC date of position (YYYYMMDD)

Time || TI || O || Position detail; UTC time of position (HHMM)

End record || ER || O || System detail; indicates end of record

Format details

Each data transmission is structured as
follows:

a double slash (//) and the characters 'SR'
indicate the start of a message;

a double slash (//) and field code
indicates the start of a data element,

a single slash (/) separates the field code
and the data,

a space separates pairs of data,

the characters 'ER' and a double slash (//)
indicate the end of a record.

Appendix 5 – Electronic reporting of
fishing operations

Electronic recording and reporting
systems

1. Every EU vessel fishing under this
Protocol must be equipped with a working electronic recording and reporting
system, hereinafter referred to as an ERS system (ERS - Electronic Reporting
System), capable of recording and transmitting the data on the fishing
activities, throughout the period the vessel is present in Ivorian waters. An
EU vessel that is not equipped with an ERS system, or whose ERS system is not
working, is not authorised to begin a fishing operation in Ivorian waters.

2. The flag State and Côte d’Ivoire shall
both ensure that their national fisheries monitoring centres (FMCs) are
equipped with the necessary IT equipment and software for automatically
transmitting the ERS data in the XML format available on http://ec.europa.eu/cfp/control/codes/index_en.htm
and saving the ERS data for at least three years. Any amendment or update of
the format must be identified and dated and enter into force after a 6-month
period.

3. The ERS data shall be transmitted using
the electronic means of communication operated by the European Commission on
behalf of the EU.

4. The Parties shall ensure that the ERS
data are registered sequentially.

5. The flag Member State and Côte d’Ivoire
shall ensure that their FMCs exchange the relevant names, e-mail addresses and
telephone and fax numbers. Any later changes to this data shall be communicated
without delay.

Transmission of ERS data

6. All EU vessels fishing under this
Protocol:

a. shall keep an electronic
logbook for each day they are in Ivorian waters. Each species shall be
identified by its FAO alpha 3 code, in kilograms of live weight or, if
necessary, the number of individual fish;

b. shall communicate the
quantities held on board for each of the species identified on the fishing
authorisation, on each entry into and departure from Ivorian waters, the
provisions of Chapter VII notwithstanding;

c. shall record the catches
made in Ivorian waters by species and for each haul, identifying the quantities
caught and the discarded catches. For the species identified on the fishing
authorisation, the master must also indicate the absence of catches;

d. shall record by species the
quantities transhipped or unloaded, notwithstanding the provisions of Chapter
V;

e. shall send the ERS data electronically
to the FMC of its flag State before 23:59 UTC.

7. The master is responsible for the
accuracy of the ERS data recorded and sent.

8. The flag State shall ensure that its FMC
sends the ERS data to the Ivorian FMC immediately in accordance with the procedures
and format indicated in paragraph 2.

9. The Ivorian FMC:

a. shall process all the ERS
data in a confidential manner;

b. shall send the ERS data to
the FMC of the vessel's flag State within 48 hours of each transhipment and/or
unloading operation.

Technical failure

10. The flag State of an EU vessel shall ensure that the master, the
owner, or his representative, is informed immediately of any technical failure
of the ERS system installed on his vessel.

11. In the event of a technical failure of
the ERS system, the master or the owner shall ensure that the ERS system is
repaired or replaced within a period of one month of the breakdown.

12. Every EU vessel fishing with a
defective ERS system shall send the ERS data to the FMC of its flag State before
23:59 UTC by any other available electronic means of communication.

Non-receipt of ERS data

13. The Ivorian FMC shall notify the FMC of the competent flag State and
the EU without delay of any interruption in the transmission of ERS data from
an EU vessel fishing under this Protocol.

14. Following receipt of this notification, the FMC of the flag State
shall immediately identify the reasons for which the ERS data could not be sent
and take the appropriate measures to resolve the problem. The FMC of the flag State shall immediately inform
the Ivorian FMC and the EU of the causes identified and the corresponding
corrective measures.

15. The missing ERS data shall be sent by
the FMC of the flag State to the Ivorian FMC without delay.

16. In the event of the Ivorian FMC not working, the EU shall send Côte
d’Ivoire the aggregate ERS data of the EU vessels which had been fishing in its
waters, on a monthly basis.

[1]               Adopted by the Agriculture and Fisheries Council on
24 September 2012.

[2]               OJ L 48, 22.2.2008.

[3]               OJ L 118, 6.5.2008.